Police Amendment Bill - Proposed Committee Stage Amendments

The Police Amendment Bill has reached the Second Reading Stage and the chairperson of the National Assembly Portfolio Committee on Defence, Home Affairs and Security Services , Hon Mayihlome, has put on the Order Paper for Tuesday 5th April a Notice that he will move several amendments to the Bill when it reaches the Committee Stage.

The amendments are set out in the in the downloadable document below.  They propose that:

Section 35 of the Police Act  [which deals with procedure in trials under the Act] be amended to allow for the officer or board of officers conducting a trial to issue a warrant of arrest if the accused police officer fails without just cause to attend a hearing of which he has had notice.

A new section be added to the Police Act after section 61 to deal with the subject of Protection of Police Property is directed at the fraudulent or unlawful use or defacement or possession, receipt of police property denoted as such by a mark or marks which have been gazetted by the Minister of Home Affairs and Cultural Heritage.   The property covered by the clause includes arms, clothing, equipment, animals, vehicles, aircraft and boats.  A possible constitutional snag for consideration by the Parliamentary Legal Committee, should the amendment be approved, is found in the new subsection (3) which shifts the onus of proving lawfulness or absence of fraudulent intent to the accused person.

Section 66 of the Police Act be replaced by a new section,  Section 66 of the Act relates to the Wearing of uniforms, badges etc of the Police Force  by persons not authorised to do so.

Section 72(2) of the Act [the enabling power for the making of regulations by the Minister of Home Affairs and Cultural Heritage] be expanded to include power to regulate the appeals procedure from decisions made by a delegate of the Commissioner-General "on matters regarding any policy, directive, Standing Orders or regulations".

 

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